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179 certain states; such as intercourse of nations in a state of peace, intercourse of nations in a state of war. Accordingly, in this view, Dr Wheaton very properly proceeds, to treat of the international rights of states in their pacific relations. But we do not consider the division of international pacific rights, into two separate classes ; namely, right of legation, and right of negotiation and treaty, as, by any means, a happy one. It rather appears, that the right of negotiation includes legation, as one of the modes by which it is carried on, and exercised. And the better sub-division seems to be, into the right of negotiation by public ministers, and the right by public ministers, or otherwise, to enter into, and to conclude treaties, such as to bind other nations. In part fourth, Dr Wheaton treats of the international rights of states, in their hostile relations; under the separate heads, of the commencement of war, and its immediate effects ; of the rights of war, as between enemies; of the rights of war, as to neutrals; and of the treaty of peace.
SKETCH OF A CLASSIFICATION OF THE COMPONENT
PARTS OF INTERNATIONAL LAW.
From the preceding review, it rather appears, that with the exception of the treatise of Klüber, and of that of Dr Wheaton, as so far adopting his plan, even the latest and best treatises on international law, are defective in general scientific arrangement ; and that even the general arrangement of Klüber is not altogether unexceptionable. But without here aiming at any arrangement or division, which may be physically and logically quite correct, we may adopt the principle of division, noticed near the end of last chapter; and remark, as the result of observation and experience, that some of the legal or juridical relations of nations appear to be general and common to most, if not to all nations, and comparatively permanent, if not perpetual; and that others appear to be particular, occasional, and existing only in certain states.
To the former class appear to belong the general and common attributes of nations, usually comprehended under the term independence ; namely 1. Sovereignty and freedom from extraneous or foreign control. 2. Equality in point of legal right, with rank and precedence, conventional or consuetudinary. 3. Right of self-preservation, including territorial do